Sexual Orientation/LGBT Discrimination

Today, the U.S. Supreme Court heard oral argument (transcript; audio) in the matters of Bostock v. Clayton County, Georgia (No. 17-1618) and Altitude Express v. Zarda (No. 17-1623). The issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination because of “sex” likewise prohibits discrimination based on sexual orientation. Justice…

Read More SCOTUS Hears Argument in Landmark Title VII Sexual Orientation Discrimination Case

In Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”

In Kinney v. Duane Reade Inc., No. 150713/17, 2019 WL 2995809, 2019 N.Y. Slip Op. 31948(U) (N.Y. Sup Ct, New York County July 09, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discriminatory failure to promote and termination. Plaintiff, who is white and openly gay, worked for Duane…

Read More Race/Sexual Orientation Discrimination Case Against Duane Reade Survives Summary Judgment

Today, June 30, 2019 (the last day of Pride Month), thousands (millions?) of people showed their pride by marching to celebrate LGBT rights. This has a special significance this year, which marks the 50th anniversary of the Stonewall Riots. While LGBT rights have advanced significantly since 1969 – including an amendment to the New York…

Read More NYC Celebrates LGBT Pride

In Latif v. Morgan Stanley & Co. LLC, 2019 WL 2610985 (SDNY June 26, 2019), the court held that plaintiff’s claims of employment discrimination were subject to mandatory arbitration. In this case, plaintiff “alleges that, beginning in the fall of 2017, he became the target of, inter alia, inappropriate comments regarding his sexual orientation, inappropriate…

Read More Arbitration Compelled in Sexual Harassment Case, Notwithstanding New State Law

On Monday, April 22, 2019, the U.S. Supreme Court granted certiorari in several cases – including Altitude Express, Inc. et al v. Zarda, Melissa, et al. (17-1623), which originated in the Second Circuit. The Question Presented in the Zarda case, as set forth in that case’s certiorari petition (which I wrote about here) is: Whether…

Read More SCOTUS Agrees to Hear Title VII Sexual Orientation Discrimination Case

In 554 Euo LLC v. Bldg. Maintenance Employees Union, Local 486, No. 654999/2018, 2019 WL 645975 (N.Y. Sup Ct, New York County Feb. 11, 2019), the court upheld an arbitrator’s decision to impose a less serious sanction (loss on one months’ pay), instead of termination, upon an employee found to have engaged in workplace harassment. The…

Read More Court Upholds Arbitrator’s “Progressive Discipline” Determination in Light of Workplace Harassment

In a recent decision, Wittmer v. Phillips 66 Company, 18-20251 (5th Cir. Feb. 6, 2019), the U.S. Court of Appeals for the Fifth Circuit held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” does not protect against discrimination based on transgender status. In light of other…

Read More Fifth Circuit: Title VII Does Not Protect Against Transgender Discrimination